A Driving Under the Influence (“DUI”) charge can be a stressful and frightening event. For the most part, people charged with this crime are normal everyday people with families, friends, and jobs. Adam Bantner recognizes the importance of one’s ability to drive in maintaining those relationships and employment. You have a lot riding on the successful outcome of your DUI case; which is why Adam fights hard to challenge every aspect of a DUI charge. The defense of a DUI begins as soon as you take advantage of your free consultation with your Brandon DUI attorney by calling 813.397.3965.
If you are arrested for DUI, immediately begin compiling a list of people who may be potential witnesses for your defense. Include people who were with you that can testify as to how much you were or were not drinking and whether you appeared under the influence. Also, if you were out at a restaurant or bar, please obtain a copy of all receipts that would show how many alcoholic beverages you bought. Your defense attorney will need this information to adequately prepare your case for a trial or motion hearing.
The Bantner Firm will challenge every step in the investigative process that lead up to your DUI arrest.
A critical stage in the investigation is when an officer asks a person to exit a vehicle. In order to make this request, the officer must possess “a well-founded and articulable suspicion of criminal activity.” Popple v. State, 626 So.2d 185 (Fla. 1993).
With regards to a DUI, a court will look at your driving pattern, your interaction with law enforcement, and any physical clues of impairment to see whether this standard has been met. Having simply consumed alcohol (typically indicated by the odor of an alcoholic beverage emitting from one’s breath), is not sufficient by itself. State v. Austin, 26 Fla. L. Weekly Supp. 440a (Fla. Seminole Co. Ct., 2018).
Once Adam Bantner is retained to handle your charges, he will examine the facts of your case and determine the most appropriate method of challenging your case. Your DUI attorney will determine whether the stopping officer had probable cause that your committed a traffic violation or whether he had reasonable suspicion of DUI to justify the initial stop. If he did not have the appropriate level of suspicion, Adam may be able to get all evidence of impairment thrown out of the case.